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Running head: THE ROLE OF THE GOVERNMENT IN CYBER-SECURITY
The Role of the Government in Cyber-security
Grantham University
1
THE ROLE OF THE GOVERNMENT IN CYBER-SECURITY
The Role of the Government in Cyber-security
The increased use of technology in different fields presents the challenges of insecurity
that is fostered by the cyberspace. The government plays several roles, and many others have
been identified as lacking the proper attention from the government and its agencies. As such,
this discussion highlights the roles of the government in ensuring cyber-security at the
individual, institutional, and national level and provides recommendations on the steps that the
government should take to fill in the missing gaps in the cyber-security. The government should
come up with effective laws underlining the collection of private information from third parties
to protect the citizens’ privacy. Also, there is the need for increased investment in cyber warfare
as a means of securing the nation against cyber terrorism.
The government security and cyber-security are two different areas but they are often
interconnected by the jurisdiction of the government. As such, these two areas are connected by
the provision that the government runs most of the activities that ensure cyber-security in the
country. Revisiting these two fields is, therefore, necessary in reviewing how the government
carries out its responsibilities and what can be done to increase the government efforts and also
ensure the proper interaction of the government agencies with the cyber-security issue.
Privacy
The biggest concern of Americans regarding spyware is whether their government could
be spying them. As such, there have been numerous film productions showing government
projects which target the public in general as a means of identifying and mitigating crime some
examples of these films include Eyeborgs (2009) and Person of Interest (2011). Although the
films are a result of fiction story-telling, they present a valid interest in the surveillance of
civilians. This worry by the American people remains constant, and the truth behind the claims
2
THE ROLE OF THE GOVERNMENT IN CYBER-SECURITY
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has not been established yet. Therefore, there is the need to watch every step of the federal and
state governments to determine that they are operating within the legal capacities that the
constitution allows.
Also on the topic of privacy, there is an issue regarding the fourth amendment and its
application in federal investigations using the internet. (Bedi, 2014) claims that the mosaic
theory applied by the Federal Bureau of Investigations (FBI) and the fourth amendment are often
contradicting. The FBI believes in piecing together bits of information to come up with a
compelling case against suspects of cyber-security. On the other hand, the fourth amendment
provides privacy for the citizens and warrants against unreasonable seizure or search. The tricky
word here being unreasonable, there is always a conflict of how the court interprets the
justification of private investigation. The lack of a certain legislation regarding the search and
seizure of property often allows the government unreasonable intrusion into the cyber-property
of many Americans. This constitutes a problem especially with the rising rates of fraud, and
there is no clear delineation of how the investigation into the privacy of citizens should be
contacted.
Another area of concern linking the government to computer science is social media.
Still, in the application of the mosaic theory, unethical conduct has been noticed with many
government agencies. There is a thin line between social media following and the government
spying. According to (Potapchuk, 2016), the police are in the habit of following people on their
social media accounts. Other than the crooks who are often caught while bragging on social
media, (Potapchuk, 2016) presents allegations against the government regarding the hacking of
accounts to view conversations among suspects. Further, the case of third party access to the
THE ROLE OF THE GOVERNMENT IN CYBER-SECURITY
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social media accounts such as Facebook is a contagious issue. Social media spying presents one
of the unethical habits that have been alleged by various authors against the government.
The surveillance of citizens through their social media accounts is unethical to state the
least. Further, there is the need to rethink the meaning of mosaic theory in surveillance and more
so its applicability in different cases. It is the view of several authors including National
Committee on American Foreign Policy (2015) that the access to social media accounts by
government agencies should be limited as one way of ensuring that social media information
remains private property. This way, the government would need warranties to gain access or
even follow people in an investigative fashion on their social media accounts. This would ensure
that citizens obtain the full meaning of privacy regarding social media use.
Fraud and Bullying
Fraud is the act of obtaining financial gain through criminal deception. Therefore, the
internet forms one of the most exploited channels of doing so. Also, other than fraud, the internet
presents the opportunity for criminals to commit other crimes involving deception. Such cases
include kidnapping and bullying. As such, there is the urgent need for the intervention of the U.S
government to mitigate such incidences which are on the rise and have resulted in adverse
effects. In December 2016, Brandy Vela an 18-year-old Texas girl shot herself in the chest in
front of her entire family resulting in death as a result of cyber-bullying (CBS News, 2016). This
case is only one of many others that are a result of unregulated conduct over social media. The
ability of criminals to track and bully people on the internet should be a business of the
government to mitigate.
The government has been on the forefront of fighting cyber-bullying and fraud through
the internet. The FBI has a special unit that investigates cyber-crime. Regarding this issue, the
THE ROLE OF THE GOVERNMENT IN CYBER-SECURITY
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federal government seems to have input some effort towards ensuring that fraud, especially that
which is committed through the internet, is mitigated and it becomes a thing of the past.
However, as National Committee on American Foreign Policy (2014) reports, there has been
little or no input to mitigate cyber-bullying. There are countless accounts of people who have
been bullied in the past over the internet resulting in harm or death to the victims. While the
government may be committed to the issue of fraud, there is laxity on the part of the federal
government to deal with cases of bullying, and thus there has been no legislation that articulates
the legal consequences of cyber-bullying.
The Military
The department of defense has made significant steps to towards preventing cyber
terrorism. According to the National Committee on American Foreign Policy (2014), the DOD
uses special-forces in executing highly critical operations, especially outside the country. As
such, the report identifies that the government has focused its efforts on the spending for specialforces as a means of executing highly critical operations. Also, it was identified that the
government had invested significantly in advancing surveillance technology as it has in nuclear
warheads. While all these findings are a show of strength and focus on the security of this nation,
the issue of cyber terrorism remains a great challenge to the military.
Cyber-terrorism is the act of using information technology to cause fear and disruption in
the society. This has been identified on several occasions whereby foreign states have made a
threat to the citizens of the U.S through the internet. It is, however, embarrassing that the U.S,
being the strongest country in the world, fails to eliminate the threat of cyber-terrorism. Karaman
et al. (2015) write that a critical review of the defense strategy of the U.S army reveals many
vulnerabilities in the cyberspace. As such, since the mitigation of cyber-terrorism is a question
THE ROLE OF THE GOVERNMENT IN CYBER-SECURITY
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that has not been answered so far, the government needs to refocus its efforts on averting such
threats in the future. The government should be centrally placed in the cyber-space warfare.
Another issue that arises from the cyber warfare is the equipment of the military in
readiness for cybercrime. The National Committee on American Foreign Policy (2015) realized
that there was the lack of equipment and departmental organization of the U.S defense forces to
efficiently deal with cyber threats and engage in cyber warfare. The military, therefore, should
engage in a thorough equipment and re-organization for the cyber warfare. The defense of the
U.S has focused so much on deploying special-forces to penetrate foreign the enemy ground.
This could be complemented by cyberspace spyware whereby instead of deploying the forces
alone, the intrusion of the enemy network through spyware can be made possible. The
complementary spyware, coupled with the tactics of the special-forces, will form an effective
strategy for defense and enemy territory intrusion.
Partnerships
According to Carr (2016), the government advances most of the cyber-security efforts
through the private-public partnerships with IT companies. This observation leads to the trivial
question of the efficiency of such partnerships. It is often experienced that the government plays
a minor role in the partnerships as it acts as access control and financier to the private-public
partnerships. As such, it is safe to say that the partnerships involve minimal government
participation. This is a worrying trend as the government agencies cannot come up with effective
means of dealing with the threats of the cyber-space if it participates partially in the drafting of
such laws. The government should thus refocus its efforts in coming up with independent
institutions which can develop and implement unique solutions to the unique problems the field
poses.
THE ROLE OF THE GOVERNMENT IN CYBER-SECURITY
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Ethical Considerations
Upon close consideration of the roles of the government in different issues concerning
cyber-security, the main issues that arise are the provision of security and the privacy of citizens.
Regarding privacy, ethical concerns arise. The government is seen as regarding the rule of law
and ethics in its conduct. Similarly, interactions online are based on trust relationships.
Therefore, the two fields are connected when it comes to ethical considerations. Just as the
interaction with people online is based on trust relationships, the citizens must be confident that
the government does not misuse its powers in behaving unethically through the cyber-security
investigations. The government must respect the people’s privacy as should people who interact
with each other online.
Conclusion
Investment in the cyber warfare is critical as the world experiences more advanced
information technology. The government should respect the rights of the citizens by drafting a
conclusive law that allows reasonable search and eliminates the unreasonable intrusion of the
privacy of the people. The government should also strive to increase the campaign against
cyberbullying and come up with a department within law enforcement that tracks such bullies
down. Further, the investment in the military is necessary as warfare is constantly shifting from
the conventional to the unconventional side. The government is a key player in cyber-security,
and it should strive to protect its citizens through innovative ways.
THE ROLE OF THE GOVERNMENT IN CYBER-SECURITY
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References
Bedi, M. (2014). Social networks, government surveillance, and the fourth amendment mosaic
theory. Boston University Law Review, 94, 1809-1880
Carr, M. (2016). Public-private partnerships in national cyber-security strategies. International
Affairs 92(1), 43–62.
CBS News. (2016, December 2). Cyber-bullying pushed Texas teen to commit suicide, family
says. Retrieved from https://www.cbsnews.com/news/cyberbullying-pushed-texas-teencommit-suicide-family/
National Committee on American Foreign Policy. (2014, November 4). Cybersecurity,
Sovereignty, and U.S Foreign Policy. Discussions from the 21st Century Leaders Council
2014 Cybersecurity Roundtable, New York, NY.
National Committee on American Foreign Policy. (2015). On Cybersecurity: Policy Questions
for Consideration. American Foreign Policy Interests, 37, 113–114.
DOI:10.1080/10803920.2015.1038928
Karaman, M., Catalkaya, H., & Aybar, C. (2015). Institutional cybersecurity from military
perspective. International Journal of Information Security Science, 5(1), 1-7.
Potapchuk, J. (2016). A second bite at the apple: Federal courts’ authority to compel technical
assistance to government agents in accessing encrypted smartphone data under the all
writs act. Boston College Law Review, 57(4), 1403-1446.
http://lawdigitalcommons.bc.edu/bclr/vol57/iss4/9
The Role of the Government in Cybersecurity – Outline
Thesis Statement: The government should come up with effective laws underlining the
collection of private information from third parties to protect the citizens’ privacy. Also, there is
the need for increased investment in cyber warfare as a means of securing the nation against
cyber terrorism.
I. Introduction. The increased use of technology in different fields presents the challenges
of insecurity that is fostered by the cyberspace. The government plays several roles
and there are many others that have been identified as lacking the proper attention
from the government and its agencies. As such, this discussion highlights the roles of
the government in ensuring cybersecurity at the individual, institutional, and national
level and provides recommendations on the steps that the government should take to
fill in the missing gaps in the cybersecurity.
II. Privacy
a. No law clearly delineates when third party access is allowed.
b. There is the need for clear legislation protecting citizens and highlighting the
instances when access to private information is warranted.
III. Social networks
a. The government is using the social networks for surveillance in the name of the
mosaic theory. This offsets privacy.
b. The definition of the mosaic theory in relation to the fourth amendment needs
rethinking
c. Social media should be considered a source of private information hence
legislation on when surveillance is warranted should be made.
IV. The military
a. The highest level of cybersecurity should be in the defense systems to prevent
cyberterrorism.
b. Evidence shows underinvestment in the military cybersecurity systems. The
government should make this a priority instead of prying on private information
from citizens.
V. Cybersecurity funding
a. Cybersecurity on a national scope is expensive. The Congress should rethink the
budgeting for the cyber warfare.
b. Investing in cybersecurity is the easiest means of fighting terrorism in the country.
VI. Conclusion
The government has shown commitment towards cybersecurity, but the lack of
definitive legislation and investment in the military have dragged its efforts
backward.
References
Bedi, M. (2014). Social Networks, Government Surveillance, and the Fourth Amendment
Mosaic Theory. Boston University Law Review, 94, 1809-1880
Carr, M. (2016). Public-private partnerships in national cyber-security strategies. International
Affairs 92(1), 43–62.
Karaman, M., Catalkaya, H., & Aybar, C. (2015). Institutional Cybersecurity from Military
Perspective. International Journal of Information Security Science, 5(1), 1-7.
National Committee on American Foreign Policy. (2014, November 4). Cybersecurity,
Sovereignty, and U.S Foreign Policy. Discussions from the 21st Century Leaders Council
2014 Cybersecurity Roundtable, New York, NY.
National Committee on American Foreign Policy. (2015). On Cybersecurity: Policy Questions
for Consideration. American Foreign Policy Interests, 37, 113–114. DOI:
10.1080/10803920.2015.1038928
Potapchuk, J. (2016). A Second Bite at the Apple: Federal Courts’ Authority to Compel
Technical Assistance to Government Agents in Accessing Encrypted Smartphone Data
under the All Writs Act. Boston College Law Review, 57(4), 1403-1446.
http://lawdigitalcommons.bc.edu/bclr/vol57/iss4/9
…
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